Tow truck driver threatened with shovel, death, say police

PORTSMOUTH — A Rochester man is charged with four crimes alleging he waved a shovel at a tow truck driver and threatened to kill the driver who was hauling his car away.

Based on those allegations, Douglas Martin, 49, of 22 Sherman St., was arraigned Monday for a felony count of criminal threatening and three misdemeanors.

According to police, Martin was arrested Oct. 26 when he grabbed the tow truck driver with both hands and threatened to kill him in the parking lot of a downtown bank. Martin is also alleged to have taken a shovel off the tow truck and used it to threaten the driver by waving it at him.

During Martin’s Monday arraignment, prosecutor David Colby said the crimes occurred while the truck driver began to tow Martin’s car and Martin “was not happy.” Colby said he didn’t know why the car was being towed, while informing the court Martin had no prior criminal history.

Colby said a bail commissioner didn’t require Martin to post any cash at the time of his arrest and that he’d leave it to the court’s discretion whether or not to adjust the bail. Judge Sawako Gardner did alter Martin’s bail, requiring him to post $200 cash and setting personal recognizance bail at an additional $3,000. Martin was also barred by the court from having any further contact with the truck driver, as well as from possessing any weapons.

Circuit court judges do not take pleas on felonies, which are heard in the state’s superior courts. Not-guilty pleas were entered on Martin’s behalf for the three misdemeanors. He is scheduled to return to the Portsmouth court for a Dec. 5 probable cause hearing.